Software Disclaimer. NCC does not warrant that operation of the Software shall be uninterrupted or error free except as stated abov e . The Client is solely responsible for the accuracy and integrity of its own data, reports, documentation, and security. NO WARRANTY OR ASSURANCE, EXPRESS, IMPLIED, OR STATUTORY, IS GIVEN BY NCC WITH RESPECT TO THE SOFTWARE, NCC'S SERVICES OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION (AND NCC SPECIFICALLY DISCLAIMS) ALL WARRANTIES OF TITLE, Configuration. Within a reasonable time after the effective date, and prior to the online date, Client will provide NCC with applicable information required in the user set up packet which NCC reasonably requires to properly configure client's Software. Access to the Software will not be provided to Client until such information is provided to NCC. Browser Access and Internet Service. The Client is responsible for obtaining a browser that satisfies NCC’s browser requirements. Client is solely responsible for obtaining Internet service to each personal computer from which Client will access the Software. Client may select Internet service via T-1 lines, DSL lines, and other sources that may become available from time to time, but the throughput of communications will depend on Client's selection of internet services, and other factors which include, but are not limited to Client’s computer equipment and Client’s dealership network system. Client acknowledges that there is certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and Client expressly assumes such risks. Client acknowledges it has made its own assessment of the adequacy of the internet as a delivery mechanism for use with the Software and is satisfied therewith. Training. It is recommended that the Client employ an appropriate number of people who have received the Software user training to achieve the optimum results from the Software. Client may designate a person or persons to attend NCC-provided training session(s) in the use of the Software at the NCC's training facility, or, alternatively, Client may obtain such training, at Client’s expense, at Client's site, pursuant to the terms of NCC's standard On-Site training agreement at then current fees.
Software Disclaimer. All software used in: (a) the integration of hardware device(s); (b) services; (c) and/or enabling software provided to Dialogic in the combination with Customer’s product or platform, is provided to Customer “as is” and Dialogic disclaims all warranties with respect to such software to the fullest extent possible.
Software Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE 5, SYMYX MAKES AND EXXONMOBIL RECEIVES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, IN ANY PROVISION OF THIS AGREEMENT OR OTHER COMMUNICATION WITH EXXONMOBIL WITH RESPECT TO THE SOFTWARE OR THE DEVELOPER’S KIT SOFTWARE (INCLUDING THE SAMPLE CODE), AND SYMYX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Software Disclaimer. Customer expressly recognizes that ServiceConnection does not warrant that any software provided as part of the ServiceConnection products and services will meet all of Customer’s requirements, that the use of any software provided as part of the ServiceConnection products and services will be uninterrupted or error-free, that patches or workarounds will be provided, or that errors will be corrected. Customer agrees that access to the Internet and Customer wide area network (“WAN”), if applicable, cannot be guaranteed and is outside the direct control of ServiceConnection and that Customer’s inability to access the Internet and/or Customer WAN, through no fault of ServiceConnection, shall in no event relieve Customer of its payment obligations hereunder. Please refer to your Service Plan or Schedule I for specific hardware/software contract coverage and limitations.
Software Disclaimer. Except as expressly set forth in this Section 9, no Symyx entity makes and no ExxonMobil entity receives any warranties or conditions, express, implied, statutory, or otherwise, in any provision of this Agreement or other communication with any ExxonMobil entity, with respect to the Software or the Developer’s Kit Software (including the Sample Code), and Symyx specifically disclaims any implied warranty of merchantability or fitness for a particular purpose.
Software Disclaimer. Except as expressly provided in the Agreement, neither CaseWorthy nor its Affiliates or subcontractors make any representations or warranties, express or implied, statutory or otherwise, regarding any matter, including non-infringement, the merchantability, suitability, originality, or fitness for a particular use or purpose, or results to be derived from the use of or integration with any products or software services provided under the Agreement, or that the operation of any products or software services will be secure, uninterrupted, or error free. CaseWorthy expressly disclaims all other warranties. Customer agrees that it is not relying on delivery of future functionality, public comments, or advertising of CaseWorthy or product roadmaps in obtaining subscriptions for any CaseWorthy Application. CaseWorthy expressly disclaims any warranties or guarantees for any custom functionality that Customer performs, executes, configures, etc. via the CaseWorthy apBuilders framework.
Software Disclaimer. THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SPRINGBOARD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGMENT. SPRINGBOARD DOES NOT WARRANT THAT THE WEBAPP SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT WILL MEET THE REQUIREMENTS OF 1401629, THAT IT IS ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED.
Software Disclaimer. SELLER and BUYER acknowledge that the Equipment herein may include software ("Software") in which SELLER may have no ownership or other proprietary rights and no such title shall be transferred to BUYER hereunder. BUYER or the end-user of the Equipment and Software licensed products ("Licensee") agrees to enter into a license or other agreement for the use of the Software, and Licensee agrees that, as between BUYER, Licensee and SELLER, SELLER shall be a third party beneficiary under such license or other agreement. Any Software agreement shall be separate and distinct from this agreement, and SELLER and its assigns shall not have any rights or obligations thereunder with respect to such Software.
Software Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (A) THE PRODUCT AND THIRD-PARTY PRODUCTS ARE PROVIDED AND DISTRIBUTED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, (B) MISO AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY AND QUIET ENJOYMENT, AND (II) WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (C) MISO AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT, DATA AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE PRODUCT, AND (D) MISO AND ITS SUPPLIERS DO NOT WARRANT THAT THE PRODUCTS OR THIRD-PARTY PRODUCTS WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
Software Disclaimer. All third party or Customer-provided software used in: (a) the integration of hardware device(s); (b) services; (c) and/or enabling third-party software provided to Dialogic in the combination with Customer’s product or platform, is provided to Customer “as is” and Dialogic disclaims all warranties with respect to such software to the fullest extent possible.
